S.B. 97-48 Arkansas River regulation - board of parks and outdoor recreation. Continues the authority of the board of parks and outdoor recreation in the division of natural resources to regulate recreational and commercial use of the portion of the Arkansas River that runs from the confluence of the Lake Fork and the East Fork of the Arkansas river to the Pueblo reservoir.
APPROVED by
Governor March 24, 1997
EFFECTIVE March 24,
1997
S.B. 97-49 State trust land - agricultural and grazing leases - state board of land commissioners - appropriation. Provides a lease term of 10 years for agricultural or grazing leases on state trust lands unless the state board of land commissioners (board) and the lessee agree to an alternate term.
Requires the board, in renewing a lease for agricultural or grazing purposes, to consider the benefit that continued agricultural and grazing use of the land contributes by the preservation of the stability of the local community, the revenue provided for trust purposes, and lessee's stewardship of the land. Provides the lessee with 90 days to negotiate for the a new lease. For agricultural or grazing leases expiring on or after July 1, 1998, specifies that the board shall give the present lessee one year's written notice of its intent not to renew the lease. Requires the board to make certain findings before it leases such land for any purpose other than agricultural or grazing.
Gives persons leasing land for agricultural and grazing purposes the right to match the best offer for sale of the land received by the board if the board offers the land for sale.
Requires anyone who leases, purchases, or exchanges land that belongs to the state and upon which there are improvements authorized by the board belonging to another party to pay such party for such improvements before the board sells, exchanges, or leases the land. If the board cancels or terminates a lease of state lands upon which there are authorized improvements belonging to another party, requires the board to compensate the owner for those improvements subject to available funding if the lessee has satisfied all outstanding lease obligations.
Provides immunity from civil liability to a lessee of state trust lands and the lessee's agents and employees for any cause of action for damages or injury that arises as a result of the board allowing public access to the leased lands for recreational or wildlife purposes without the lessee's approval. Clarifies that assent by the lessee to any plan approved by the board that allows access over which the lessee has no control does not constitute approval by the lessee.
Appropriates $8,541 out of the land board administration fund to the department of natural resources. Further appropriates such amount to the department of law for the provision of legal services in connection with the implementation of the act.
APPROVED by
Governor May 28, 1997
EFFECTIVE May 28,
1997
S.B. 97-52 Wildlife - trapping, snaring, and poisoning - prohibitions - implementation of "Amendment 14" - appropriation. Declares the intention of the general assembly to implement section 13 of article XVIII of the state constitution adopted in 1996 as "Amendment 14".
Prohibits the taking of wildlife with any leghold trap, any instant kill body-gripping design trap, or by poison or snare in the state of Colorado, subject to exemptions for:
Gives the division of wildlife in the department of natural resources and the department of agriculture rule-making authority to define the types of traps, snares, and poisons that may be used and the manner in which they are to be used under the various exemptions. Adopts criminal penalties for violations.
Appropriates $46,400 and 1.1 FTE to the division of wildlife and $65,973 to the department of agriculture for the implementation of the act. Of the amount appropriated to the department of agriculture, further appropriates $2,373 to the department of law for the provision of legal services related to the implementation of the act.
APPROVED by
Governor May 27, 1997
EFFECTIVE May 27,
1997
S.B. 97-117 State parks - disabled veterans free entrance. Continues free entrance to state parks and recreation facilities for disabled veterans whose vehicles display a Colorado disabled veteran's license plate.
APPROVED by
Governor March 28, 1997
EFFECTIVE March 28,
1997
S.B. 97-199 Mining - regulation of operators - performance bonds - authority of office of mined land reclamation to accept self-bonds. To conform with federal law, changes "shall" to "may" in an existing provision so that the office of mined land reclamation is permitted, rather than required, to accept the bond of a mine operator itself without separate surety upon the operator's demonstration of financial responsibility.
APPROVED by
Governor March 28, 1997
EFFECTIVE March 28,
1997
S.B. 97-206 Management of state lands - state land board - implementation of amendments to state constitution - appropriation. Conforms provisions in the statutes governing the state board of land commissioners (land board) with the provisions of Amendment 16, adopted by the voters at the November 1996 general election, that amended sections 3, 9, and 10 of article IX of the state constitution.
Changes provisions related to the appointment of members of the land board to conform to the amended provisions of section 9 of article IX of the state constitution. Conforms statutory provisions related to a director and staff for the land board to the amended provisions of section 9 (4) of article IX of the state constitution.
Changes provisions related to leases of mineral land and agricultural land and rentals therefrom to include incentives and lease rates to "promote sound stewardship and land management practices, long-term agricultural productivity, and community stability", as required by the amended provisions of section 10 of article IX of the state constitution. Changes provisions related to lease terms to reflect the land board's responsibility to comply with the provisions of sections 9 and 10 of article IX of the state constitution rather than the current responsibility to "produce an optimum long-term revenue".
Under amended section 10 of article IX of the state constitution, directs the land board to establish a long-term stewardship trust of up to 300,000 acres of land determined by the board to be valuable primarily to preserve long-term benefits and returns to the state. Specifies that the board should establish such trust through a statewide public nomination process. Provides that land may only be removed from the trust upon an affirmative vote of 4 of the 5 members of the land board and a designation or exchange of other land of an equal or greater amount into the trust. Requires that no land included as part of the long-term stewardship trust may be sold unless such lands are removed from the trust.
Prior to the lease, sale, or exchange of any lands for commercial, residential, or industrial development, pursuant to amended section 10 of article IX of the state constitution, specifies that the land board shall determine whether the income from the proposed transaction can reasonably be anticipated to exceed the fiscal impact of the development on local school districts and state funding of education from increased school enrollment associated with the development.
Consistent with the amended provisions of section 10 of article IX of the state constitution, changes provisions related to leases of state land within corporate city limits to reflect that such provisions must comply with the provisions of sections 9 and 10 of article IX of the state constitution rather than the current responsibility of producing "the greatest annual revenue".
Under amended section 9 (7) of article IX of the state constitution, authorizes the land board to undertake nonsimultaneous exchanges or dispositions of state lands and provides that the proceeds of such dispositions are not part of the public school fund until such a transfer is actually completed.
Updates provisions related to the mineral section of the land board and the superintendent thereof and repeals a provision specifically authorizing acquisition of a right-of-way in 1964.
Clarifies that moneys allocated to the land board trust administration fund shall be from the income generated by the state trust lands.
Pursuant to amended section 10 of article IX of the state constitution, authorizes the land board to sell or lease conservation easements on state lands, allow school districts access to state lands without charge if such access does not interfere with other approved uses, and provide school districts the opportunity to lease, purchase, or otherwise use state lands as school building sites.
Specifically authorizes the state treasurer to invest public school fund moneys in bonds issued by school districts and to make direct loans to school districts pursuant to the amended provisions of section 3 of article IX of the state constitution. Permits the state to guarantee school district bonds pursuant to the amended provisions of section 3 of article IX of the state constitution.
Appropriates $40,684 to the department of natural resources for allocation to the state land board from the state land board trust administration fund for the implementation of this act. Out of such appropriation, appropriates $22,776 and 0.3 FTE to the department of law for the provision of legal services related to the implementation of this act.
Makes provisions of this act severable in the event any provision of the act is found to be held invalid if other provisions can be given effect without the invalid provision.
APPROVED by
Governor May 21, 1997
EFFECTIVE May 21,
1997
S.B. 97-211 Fishing licenses - low-income seniors. Continues resident low-income senior lifetime fishing licenses by repealing the July 1, 1997, repeal date.
APPROVED by
Governor May 1, 1997
EFFECTIVE May 1, 1997
S.B. 97-235 Snowmobiles and other off-highway vehicles - operation on roadways - "R.S. 2477" rights-of-way. Allows operation of snowmobiles and other off-highway vehicles on rights-of-way constructed or established over federal lands under the former federal statute known as "R.S. 2477", unless a local political subdivision has acted by ordinance or resolution to lawfully restrict such use.
VETOED by Governor June 3, 1997
H.B. 97-1123 Mineral leasing fund - distribution. Increases the maximum amount of spillover moneys a county may receive from the mineral leasing fund. Increases the amount of moneys that must be transferred to the state public school fund before distributions above $200,000 can be made to any single county.
Allows a county to elect an alternative method for the distribution of the county's share of moneys from the mineral leasing fund. Requires counties to make such election for a minimum of 2 calendar years. Provides that, for the first calendar year following a county's election to use the alternative distribution method, the moneys the county would have received from the mineral leasing fund will be transferred to the local government mineral impact fund.
Specifies that, for the 2nd calendar year and each calendar year thereafter following a county's election, unless the election is withdrawn, the treasurer shall distribute a specified percentage of the moneys attributable to that county directly to school districts and municipalities in the county. Sets forth the method of distribution where there is more than one school district in the county and more than one municipality in the county.
Requires the executive director of the department of local affairs to distribute to a county electing the alternative distribution method an amount from the local government severance tax fund equal to the amount credited to the local government mineral impact fund as a result of the election. Makes other distributions and loans of money from that fund contingent upon the sufficiency of funds remaining after such distributions to counties.
APPROVED by
Governor May 28, 1997
EFFECTIVE May 28,
1997
H.B. 97-1132 Private landowner liability - opening land to the public for recreation. Clarifies the intent of the laws encouraging land owners to make private lands available for public recreational use to include all lands and not just lands within rural areas. Clarifies that, when land is leased to a public entity or the public entity has been granted an easement, any consideration received for use of the land is not a charge. Defines the term "management" for purposes of such laws. Specifies that property used for public recreational use that is constructed or used for or in connection with the diversion, storage, conveyance, or use of water is not an attractive nuisance. Allows the prevailing party in a civil action by a recreational user of such property for damages against a landowner to recover the cost of the action and reasonable attorney fees.
APPROVED by
Governor March 21, 1997
EFFECTIVE March 21,
1997
H.B. 97-1134 Vessel safety - personal watercraft operation - minimum age for motorboat operation - prohibited vessel operation - penalties - appropriation. Defines personal watercraft as a motorboat or specialty prop-craft that is operated by a person sitting, standing, or kneeling on the vessel. Requires all persons aboard a personal watercraft to wear an approved personal flotation device. Mandates a person operating a personal watercraft equipped with an engine cutoff switch lanyard to appropriately attach such lanyard. Forbids the operation of a personal watercraft between one half hour after sunset and one half hour before sunrise. Makes it unlawful for anyone to operate a personal watercraft in an unsafe manner.
Effective January 1, 1998, generally prohibits a person under 16 years of age from operating a motorboat. Allows a person between 14 and 16 years of age to operate a motor boat if he or she completes a boating safety course approved by the division of parks and outdoor recreation and has the boating safety certificate in his or her possession. Forbids knowingly permitting or authorizing a person under 16 years of age who has not met the boating safety requirements to operate a motorboat. Prohibits an owner or operator of a vessel livery to rent a motorboat to a person under 16 years of age who has not met the boating safety requirements.
Increases the fine for careless operation of a vessel and the unsafe operation of a personal watercraft to $100. Increases the fine for violation of certain other boating laws from $25 to $50. Requires that a peace officer have reasonable suspicion prior to boarding a vessel.
Appropriates $28,693 to the department of natural resources for allocation to the division of parks and outdoor recreation for the implementation of this act.
APPROVED by Governor June 4, 1997 PORTIONS EFFECTIVE June 4, 1997, January 1, 1998
H.B. 97-1170 Department of natural resources - continuation of the education program. Continues the natural resources educational program in the department of natural resources.
APPROVED by
Governor March 20, 1997
EFFECTIVE March 20,
1997
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